UKPC | DCBL | County Court Claim | Nottingham

Cokiedoughmama

Umkomaas said:

@Cokiedoughmama - if you go to the UKPC website, as if you were going to pay the PCN (obviously don't), you should be able to see the current status of the parking charge. Let us know what it is showing please. 

Unfortunately we are unable to accept payment as the parking charge reference number has now been referred to our debt recovery partners.

Cokiedoughmama

Hello everyone. Hope you are all well.

I'm trying to write my defence and I'm trying to do it in between work breaks as I work 7 days a week - so I'm constrained to time.

I have never done one before so if anyone could give it a look I would be grateful. 

I'm also waiting for a response from Mcdonald's management regarding DCLB still not closing the claim. 

------------------------------------------------------------------------------------------------------ 

IN THE COUNTY COURT

Claim No. xxxx

Between

UK PARKING CONTROL LIMITED

(Claimant) 

- and -  

xxxxx

 (Defendant)

_________________

DEFENCE

 

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim were an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

 

2. The defendant visited the Castle Marina restaurant (McDonalds in Nottingham) after visiting the city for a trip, with two disabled passengers and one handicapped passenger. The defendant took the passengers inside to eat before travelling back to the West Midlands. The defendant was kindly helped by the staff as they bought over the food and also took the registration of vehicle registration in case the defendant needed extra stay due to the defendant being a PA and care assistant. The staff did not inform the defendant at this time that the car park belonged to another company. The defendant had seen to the care of her passengers by using the amenities, cutting up her passengers food etc. The defendant also informs the court that the mobility skills, the patience of someone who is handicapped cannot be rushed. The defendant did not expect any charge to be applied.

 

3. The defendant received notification of a parking charge in the post from the claimant 6 months after visiting the Castle Marina. After contacting the restaurant, it was decided that the incident and the charge was dropped due to the staff acknowledging permission and taking the registration. Later in in 2021 the defendant received notice from a DCLB who was collecting the debt for the claimant. The defendant did not contact DCLB, but instead contacted the Castle Marina Restaurant by telephone who had already sorted this out in 2018. The manager informed the defendant that he would contact the company and sort it out. Then later, in 2022, the defendant receives a court claim form. The defendant contacts the Castle Marina restaurant to once again try to sort the matter out. The restaurant manager informs the defendant that the management staff had changed over since and that the staff that had dealt with it had left. The defendant asked for the conversation to be dealt with in email format. The defendant now has email conversations with the restaurant manager that the matter should have been dealt with in 2018, that they will cover all costs, including court and solicitor fees and apologised to the defendant. They also informed the defendant that they have asked DCLB to cease any action on the claim. The restaurant assured the defendant that the matter was now dealt with.

4.  The defendant entered the car park unaware of it belonging to someone else. The signage was not visible to the defendant due to how dark it was. The defendant had also used a disabled badge and parked within the white lines as requested. The defendant also understands that due to the passengers she was carrying and their mobility skills, especially the handicapped passenger they cannot be rushed. Also, the defendant has not entered into any contract with the parking company or anyone else. The defendant did not agree to pay within 28 days and has had no communication with them - spoken or written – or with any other third party involved except with the managers at the Castle Marina restaurant. The defendant would also not have stayed at the restaurant if known that they would be charged. 

Le_Kirk

2. The defendant visited the Castle Marina restaurant (McDonalds in Nottingham) after visiting the city for a trip, with two disabled passengers and one handicapped passenger. The defendant took the passengers inside to eat before travelling back to the West Midlands. The defendant was kindly helped by the staff as they bought over the food and also took note the registration of the vehicle registration in case the defendant needed extra stay due to the defendant being a PA and care assistant.

Maybe should be as shown above, as you had two "registration".
Paragraph 2 is normally: -

2. It is admitted that the Defendant was the registered keeper and driver [if that is true for your situation] of the vehicle in question.

 Your paragraph 2 is normally put in paragraph 3 as per the template defence.  I would normally say that the defence reads more like a witness statement but I think, in this case, that it should go as is so that the judge gets a flavour of how you were treated.  Your WS later in the process can then be a rewording into the first person and including evidence such as photos (of signage) and any written statements from the restaurant staff who are still working there,

Coupon-mad

I think remove all of this (and only these words):

Later in in 2021 the defendant received notice from a DCLB who was collecting the debt for the claimant. The defendant did not contact DCLB, but instead contacted the Castle Marina Restaurant by telephone who had already sorted this out in 2018. The manager informed the defendant that he would contact the company and sort it out. Then later, in 2022, the defendant receives a court claim form. The defendant contacts the Castle Marina restaurant to once again try to sort the matter out. The restaurant manager informs the defendant that the management staff had changed over since and that the staff that had dealt with it had left. The defendant asked for the conversation to be dealt with in email format. 

Cokiedoughmama

Thank you all for helping with this. You have helped ease the stress. Thank you again.

patient_dream

Cokiedoughmama said:

Umkomaas said:

@Cokiedoughmama - if you go to the UKPC website, as if you were going to pay the PCN (obviously don't), you should be able to see the current status of the parking charge. Let us know what it is showing please. 

Unfortunately we are unable to accept payment as the parking charge reference number has now been referred to our debt recovery partners.

This is utter rubbish from UKPC and unreasonable behaviour

They now want to penalise you with a fake add-on and if this does go to court, they are wasting the courts time 

They will probably lose so the fools get NOTHING and if the judge awards you costs, what losers.
UKPC are now knowingly attempting to extort more money from you.

A very valid point to bring to the attention of the judge. This is the way BPA SCAM members operate

Cokiedoughmama

I'm emailing my defence. But could someone help with this bit...

1. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk but due to the CCBC's dysfunctional systems, only do this during working hours (a weekday) and you MUST get an acknowledgement.  Also copy in the parking firm's legal team or solicitors, whose email you can find on any other thread about the same law firm.

Does this mean I send my defence to the CCBCAQ and the claimant's legal team solicitors? 

And how do I get acknowledgement of service? Do I ask for it in the body of the email?

Thank you

KeithP

Cokiedoughmama said:

I'm emailing my defence. But could someone help with this bit...

1. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk but due to the CCBC's dysfunctional systems, only do this during working hours (a weekday) and you MUST get an acknowledgement.  Also copy in the parking firm's legal team or solicitors, whose email you can find on any other thread about the same law firm.

Does this mean I send my defence to the CCBCAQ and the claimant's legal team solicitors? 

Yes.

Cokiedoughmama said:

And how do I get acknowledgement of service? Do I ask for it in the body of the email?

If your email is successfully received by the CCBC you will get an automatic email receipt returned.
Similarly for the Claimant.

Cokiedoughmama

KeithP said:

Cokiedoughmama said:

I'm emailing my defence. But could someone help with this bit...

1. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk but due to the CCBC's dysfunctional systems, only do this during working hours (a weekday) and you MUST get an acknowledgement.  Also copy in the parking firm's legal team or solicitors, whose email you can find on any other thread about the same law firm.

Does this mean I send my defence to the CCBCAQ and the claimant's legal team solicitors? 

Yes.

Cokiedoughmama said:

And how do I get acknowledgement of service? Do I ask for it in the body of the email?

If your email is successfully received by the CCBC you will get an automatic email receipt returned.
Similarly for the Claimant.

Thank you.

patient_dream

This rubbish UKPC case will either mean a spanking for DCBL in court or they chicken out again

Castle Marina restaurant could well go bust for going to bed with a parking scammer .... do they understand that ??